the contract for the supply contains provisions empowering a person authorised by the supplier to enter the premises where in his opinion it is necessary to do so for the purpose of averting danger to life or property;

those provisions are in terms approved for the purposes of this paragraph by the Secretary of State; and

the gas is conveyed to the premises otherwise than by a public gas transporter.

that he proposes to undertake a supply of gas to any premises at a rate in excess of 2,000,000 therms a year (in this paragraph referred to as “the required rate ”); or

that, in such circumstances as may be described in the notification, he would undertake a supply of gas to any premises, at a rate in excess of the required rate, for such period as may be so described.

that he is of the opinion that the rate of supply to those premises would be unlikely to exceed the required rate; or

that he is unable to form an opinion as to whether the rate of supply to those premises would or would not be likely to exceed the required rate.

the rate of supply to the premises to which the notification relates fails to exceed the required rate for three successive periods of twelve months;

the supplier fails to furnish the Director with such information as he may require for the purpose of determining whether the condition in paragraph (a) above is fulfilled; or

the supplier fails to afford to the Director such facilities as he may require for the purpose of verifying any information furnished in pursuance of such a requirement as is mentioned in paragraph (b) above,

a customer owns or occupies premises which are connected to an exempt distribution system;

a notice informing the customer that it will take the steps in sub-paragraph (6) with a view to giving a third party supplier access to its distribution system; or

that it is not technically feasible to provide the increase in capacity in question;

that providing that increase in capacity would have a significant and adverse economic impact on the distribution exemption holder or any other person.

provide each such third party supplier with any other documents or information that it may reasonably request.

within 20 working days beginning with the day of the distribution exemption holder’s receipt of the expression of interest; or

if the request is made at a time when there are fewer than 10 working days remaining in the 20 working day period mentioned in paragraph (a) above, within 10 working days beginning with the day of the distribution exemption holder’s receipt of the request.

confirming that the customer has entered into a contract with a third party supplier identified in the expression of interest for the supply of gas to premises which are connected to the exempt distribution system; and

identifying that third party supplier.

as soon as is reasonably practicable after the distribution exemption holder receives the notice served under sub-paragraph (1); or

on a date agreed by the distribution exemption holder, the third party supplier and the customer in writing.

as soon as is reasonably practicable after the end of the period of 28 working days beginning with the day on which the customer serves the notice under sub-paragraph (1); or

on a date agreed by the distribution exemption holder, the third party supplier and the customer in writing.

the distribution exemption holder is not required to give access in accordance with sub-paragraph (6), and

sub-paragraph (9) applies.

sending a copy of the evidence to the customer.

the 14 days immediately following the period mentioned in sub-paragraph (6)(a); or

any longer period that the distribution exemption holder, the third party supplier and the customer may agree in writing.

the distribution exemption holder has served on the customer a notice under paragraph 1(4)(b); and

at the end of the period mentioned in paragraph 2(10), the distribution exemption holder is not under a duty (whether by virtue of sub-paragraph (6) or (9) of paragraph 2) to give access to the third party supplier.

informing the distribution exemption holder that it intends to make an application under this paragraph; and

inviting the distribution exemption holder to provide it with any further evidence it may wish to provide for the purpose mentioned in paragraph 2(8)(a).

any evidence provided by the distribution exemption holder under paragraph 2(8)(a) or sub-paragraph (2)(b) above;

a description of the nature of the access required by the third party supplier (including any alternative forms of access that would be acceptable to it); and

must, if satisfied that the conditions in sub-paragraph (10) are met, determine that the distribution exemption holder is entitled to refuse the third party supplier access to its distribution system on the ground of lack of capacity;

must, if not satisfied that those conditions are met, determine that the distribution exemption holder is not entitled to refuse the third party supplier access to its distribution system on the ground of lack of capacity.

that the distribution exemption holder would need to increase the capacity of its distribution system in order to give the third party supplier access to it; and

that either it is not technically feasible to provide that increase in capacity, or the benefits of the increase in capacity would be outweighed by the economic impact that the provision of the increase in capacity would have on the distribution exemption holder or any other person.

notify the distribution exemption holder of its determination; and

provide the customer and the third party supplier with a copy of that notice.

the distribution exemption holder must give the third party supplier such access to its distribution system as is necessary to enable the third party supplier to give a supply of gas to the customer;

paragraph 1(6) to (8) applies as if the distribution exemption holder had served a notice under paragraph 1(4)(a) on the customer, and as if the references in paragraph 1(7) and (8)(a) to the “expression of interest” were to the notification under sub-paragraph (11) above; and

paragraph 5 has effect as if the reference in paragraph 5(3) to the “expression of interest” were to the notification under sub-paragraph (11) above.

as soon as is reasonably practicable after the distribution exemption holder receives the notification under sub-paragraph (11); or

on a date agreed by the distribution exemption holder, the third party supplier and the customer in writing.

treat the third party supplier less favourably than any other supplier in respect of the terms and conditions for access to its distribution system, including those relating to any connection under paragraph 7(3);

refuse to give access on the basis that the Authority has not yet approved its charging methodology; or

act in a manner which unreasonably prevents, restricts or delays access to its distribution system by the third party supplier.

equivalent to the charge that would have been payable for that access had the methodology been approved before the access was given; and

payable within such period as the parties agree or, in the absence of such agreement, within such reasonable period after the distribution exemption holder demands the payment as may be specified by the distribution exemption holder.

prepare a record of the assets and liabilities associated with its distribution activities at the time of the receipt of the expression of interest;

prepare a statement (a “charging statement”) containing details of the proposed methodology for calculating the use of system charge;

provide the relevant third party supplier with a copy of the charging statement.

decide whether to approve the methodology proposed by that distribution exemption holder; and

notify the distribution exemption holder of that decision.

submit to the Authority a charging statement containing details of a revised methodology;

provide the Authority with a copy of such other information as the Authority may request in respect of that revised methodology; and

provide the relevant third party supplier with a copy of the charging statement.

submit to the Authority a charging statement containing details of the proposed revised methodology;

provide the Authority with a copy of such other information as the Authority may request; and

provide the relevant third party supplier, and any other third party supplier who would be affected by the modification proposed, with a copy of the charging statement.

if at the time when the duty is discharged the distribution exemption holder has received a notice from the customer under paragraph 2(1), to the third party supplier identified in that notice; or

if at the time when the duty is discharged the distribution exemption holder has not received such a notice from the customer, to any third party supplier identified in the expression of interest.

prepare and maintain distribution accounts in respect of the distribution system for each regulatory year;

keep copies of those accounts for 6 years from the date of the transactions to which they relate; and

notify the Authority of the address where those accounts are held.

the premises mentioned in paragraph 1(1)(a), or

connect the premises or pipe-line system to its distribution system and supply and lay any pipe that may be necessary for that purpose; or

where the distribution exemption holder and the person requiring the connection have agreed that a person other than the distribution exemption holder is to supply and lay any pipe that may be necessary for the purpose of connection, connect the premises or pipe-line system to its distribution system once that pipe has been supplied and laid.

any reference to a distribution exemption holder connecting any premises or pipe-line system includes a reference to maintaining the connection;

any reference to requiring a connection includes a reference to requiring the connection to be maintained;

any reference to supplying or laying a pipe includes a reference to the supply or laying of a pipe either by the installation of a new one or by the modification of an existing one; and

any reference to a pipe includes a reference to any apparatus ancillary to the pipe.

any expenses reasonably incurred in making the connection or in supplying and laying the pipe must, if and to the extent that the distribution exemption holder requires, be met by the person requiring the connection;

the distribution exemption holder may require the person requiring the connection to provide it with reasonable security for the payment to it of all money which may become due to it in respect of the supply and laying of the pipe;

the distribution exemption holder may require the person requiring the connection to accept, in respect of the making of the connection and the supplying and laying of the pipe, any terms restricting any liability of the distribution exemption holder for economic loss resulting from negligence that it is reasonable in all the circumstances for that person to be required to accept.

any expenses reasonably incurred in making the connection must, if and to the extent that the distribution exemption holder requires, be met by the person requiring the connection;

the distribution exemption holder is prevented from doing so by circumstances outside its control;

circumstances exist by reason of which the connection would or might involve danger to the public, and the distribution exemption holder has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or

it is not reasonable in all the circumstances for the distribution exemption holder to be required to do so.

served on the distribution exemption holder a notice requesting that the distribution exemption holder offer terms for making the connection; and

raising any concerns that it has with the information provided in accordance with sub-paragraph (2)(b);

proposing arrangements for any security that the person requiring the connection will be required to pay to it under paragraph 8(1)(b);

proposing arrangements for any payment that the person requiring the connection will be required to make under paragraph 8(1)(a) or (5)(a);

stating any terms that the person requiring a connection will be required to accept under paragraph 8(1)(d), restricting the distribution exemption holder’s liability;

stating any terms for indemnity that the person requiring a connection will be required to accept under paragraph 8(5)(b); and

proposing any other terms on which it will make the connection.

subsection (2) provided that such a dispute, if relating to the connection of any premises to a pipe-line system operated or controlled by a distribution exemption holder, may not be referred to the Authority after the end of the period of 12 months beginning with the time when the connection is made;

in subsection (5) the references to a gas transporter were to a distribution exemption holder, and the reference to a person requiring a connection to a main of the transporter were to a person requiring a connection in pursuance of paragraph 7(2) of this Schedule;

subsection (6) and the reference to that subsection in subsection (8) were omitted; and

the reference in subsection (7) to a dispute arising under section 11(1) were to a dispute arising under paragraph 8(1)(b) or (c) of this Schedule.

the distribution system is wholly or mainly used for distributing gas within a geographically self-contained industrial, commercial or shared services site and is not integrated with any pipe-line system operated by a gas transporter; and

identify the distribution system to which the application relates;

include any evidence available to the applicant to support that application; and

provide any further information or documents that the Authority may request in respect of that application;

the closed distribution system application; and

any further information or documents requested by it in under sub-paragraph (4)(c).

include in any notice served under paragraph 1(4) a statement that its distribution system is a closed distribution system; and

within 7 working days beginning with the day on which it receives the expression of interest, by notice inform any third party supplier identified in the expression of interest that its distribution system is a closed distribution system.

the customer, or a third party supplier identified in the expression of interest, serves a notice on the distribution exemption holder requesting that the methodology for a proposed use of system charge be submitted to the Authority for approval; and

at the time of receiving the request the distribution exemption holder has not received any confirmation under paragraph 2(1) that the customer has entered into a contract with a third party supplier.

the customer or the confirmed third party supplier serves on the distribution exemption holder that operates or has control of the closed distribution system a notice requesting that the methodology for a use of system charge that is being applied by the distribution exemption holder be submitted to the Authority for approval;

the methodology for calculating the charge has not previously been approved under this Schedule; and

at the time of receiving the notice under paragraph (a), the distribution exemption holder has received the notice served under paragraph 2(1).

provide the customer and the confirmed third party supplier with a copy of that charging statement.

decide whether to approve the methodology set out in the charging statement; and

notify the distribution exemption holder and the confirmed third party supplier of its decision.

submit to the Authority a charging statement containing details of a revised methodology;

provide the Authority with such other information or documents as the Authority may specify; and

send a copy of the charging statement to the customer and the confirmed third party supplier.

submit to the Authority a charging statement containing details of the proposed revised methodology;

provide the Authority with a copy of such other information or documents as the Authority may request; and

send a copy of the charging statement to the customer, the confirmed third party supplier and any other third party supplier who would be affected by the modification proposed.

identify the distribution system to which the application relates;

include any evidence available to the applicant to support that application; and

provide any further information or documents that the Authority may request in respect of that application.

revoke the classification; or

an undertaking in which B has a participating interest within the meaning of section 421A of the Financial Services and Markets Act 2000;

a holding company of B;

a subsidiary of B; or

a subsidiary of a holding company of B.

that the contract has been entered into, and

when the supply exemption holder will start supplying gas to the premises.

the customer requests that the supply start on a later date;

the customer terminates, or gives notice to terminate, the contract; or

one or more of the reasons in sub-paragraph (5) applies.

that any other circumstance which is outside the control of the supply exemption holder and which it has taken all reasonably practicable steps to resolve prevents it from starting to supply gas to the premises.

must not start supplying gas to the premises before that objection is resolved; but

must start supplying gas to the premises as soon as is reasonably practicable after the objection is resolved, and in any event within 21 days of the date on which the objection is resolved.

in the case of an objection based on the reason in paragraph 2(5)(b) alone, when the period mentioned in that paragraph expires;

in the case of an objection based on both those reasons, when the objection has been resolved in relation to each reason in accordance with paragraphs (a) and (b) above; or

in any case, when the objection is withdrawn.

the day after the day on which the supply exemption holder enters into the contract mentioned in sub-paragraph (1); or

a person (“the new supplier”) has entered into a contract with a customer to start supplying electricity to any premises; and

a supply exemption holder is currently supplying electricity to the premises under a contract with that customer.

the new supplier; and

the customer.

as soon as reasonably practicable; and

if the supply exemption holder is notified under paragraph 1(2), or in accordance with a condition in a licence, that the contract has been entered into, not later than the end of the 14th day after the day on which it receives that notification.

a contract between the supply exemption holder and the customer includes a term which prevents the customer from terminating that contract within a specified period which has not expired.

the identity and address of the supply exemption holder;

the services provided, including any maintenance services provided;

any service quality levels that are to be met;

if a connection is required, when that connection will take place;

the duration of the contract;

any conditions for renewal of the contract;

any conditions for termination of the contract or of any services provided under it, and whether the customer can terminate the contract if the supply exemption holder increases the applicable tariffs or charges, or changes one or more of the main contractual conditions;

any charges for early termination of the contract;

any compensation and refund arrangements which apply if any service quality levels specified in the contract are not met, including any arrangements which apply in the event of inaccurate or delayed billing;

the methods of dispute resolution available to the customer in the event of a dispute with the supply exemption holder, including how such dispute resolution procedures can be initiated; and

where further information on the customer’s rights as a consumer of gas can be found.

the number of that meter if it has one;

the amount of gas recorded by that meter as having been consumed by that customer in the 12 months immediately preceding the date on which the information is sent (or in the part of that period during which the supply exemption holder supplied electricity to those premises under the contract with the customer); and

the total cost that the customer has been charged for that gas.

the number of any meter that recorded the total gas consumed by that customer and other customers in the 12 months immediately preceding the date on which the information is sent (or in any part of that period during which the supply exemption holder supplied gas to those premises under the contract with the customer);

the amount of gas recorded by that meter; and

an explanation as to how the proportion of gas charged to the customer was determined.

to the customer, or

to a person who is not currently supplying electricity to the premises under a contract with the customer but has expressed an interest in doing so.

if information has been sent to a customer in accordance with sub-paragraph (1) in the previous 12 months, a copy of that information;

in any other case, so much of the information referred to in sub-paragraph (1) as can be readily provided by the supply exemption holder.

with each bill inform each customer what methods of dispute resolution are available to the customer in the event of a dispute with the supply exemption holder; and

the matters mentioned in sub-paragraph (1)(a), and

if the customer is a household customer, the matters mentioned in sub-paragraph (1)(b).

“the energy consumer guidance” means any guidance such as in mentioned in section 19A(1)(a) of the Consumers, Estate Agents and Redress Act 2007 which is published under that section; and

“the concise guidance” means any summary such as is mentioned in section 19A(1)(b) of that Act which is so published.

it arises from a written complaint made against the supply exemption holder; and

it is a dispute between the complainant and that supply exemption holder.

the use of which does not contravene section 17 of this Act; and

which is of a type appropriate for registering the quantity of gas supplied.

the F10gas transporter may disconnect or, as the case may be, refuse to connect his premises; and

any relevant gas supplier may cut off the supply of gas to his premises.

which belong to him, or which are lent or hired to him and are owned otherwise than by the F11gas transporter or a relevant gas supplier; and

by which the quantity of gas supplied is registered,

the F11gas transporter may disconnect his premises; and

any relevant gas supplier may cut off the supply of gas to his premises.

shall have power to remove, inspect and re-install any meter by which the quantity of gas supplied is registered; and

shall, while any such meter is removed, fix a substitute meter on the premises;

if the examination is carried out at the request of any person and the meter is found in proper order, by that person;

if the meter is not so found, by the person required by sub-paragraph (1) or (3) above to keep the meter in proper order.

the agreement was entered into before the appointed day; or

the F11gas transporter and each relevant gas shipper have agreed that the meter should be kept in proper order by a person other than the consumer.

the penultimate date on which, otherwise than in connection with the examination, the register of the meter was ascertained; or

if regulations so provide, such other date as may be determined by or under the regulations.

gas has not previously been conveyed by the F12gas transporter to the consumer’s premises;

a new or substituted pipe is to be laid between the transporter’s main and the meter; or

the meter is to be installed in a different position.

in accommodation of a type and construction approved by the F12gas transporter by an approval given in relation to premises generally, or to any class or description of premises; or

in a separate meter house or other accommodation outside a building comprised in the premises which is approved by the transporter in the case of those particular premises.

the person to whom the sum is owed is a person who is authorised by regulations made by the Authority to enter into agreements falling within this sub-paragraph;

the agreement permits that person to use the meter in question to recover such sums as may be specified in or determined under the agreement; and

the agreement complies with the requirements specified for the purposes of this sub-paragraph by regulations made by the Authority.

sums owed to a person other than an authorised supplier;

sums owed in respect of premises other than the premises on which the meter is installed;

sums owed in respect of matters other than the supply of gas.

Citizens Advice;

F19Consumer Scotland;

all authorised suppliers;

such other persons as the Authority considers appropriate.

a demand in writing is made by a gas supplier for any of the relevant payments to be made by a consumer; and

the consumer does not make those payments within 28 days after the making of the demand.

in respect of the supply of gas to any premises of the consumer (in this paragraph referred to as “the premises”); or

under a green deal plan (within the meaning of section 1 of the Energy Act 2011) in respect of the premises.

a request in writing is made by a gas supplier for the provision of a deposit by way of reasonable security for the payment of the charges due to him from a consumer in respect of the supply of gas to the consumer’s premises; and

the consumer does not provide such a deposit, or agree to take his supply through a pre-payment meter, within 7 days after the making of the request.

install a pre-payment meter on the premises in place of the existing meter; or

cut off the supply to the premises by disconnecting the service pipe at the meter or by such other means as he thinks fit;

the supplier is not a relevant supplier but another supplier ( “the new supplier ”) is such a supplier; and

the supplier has assigned to the new supplier his right to recover any of the F24payments due to him from the consumer,

the owner or occupier of any premises takes a supply of gas which has been conveyed to those premises by a F26gas transporter in pursuance of arrangements made with the transporter by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act;

that supply is not made by a gas supplier, or by a person authorised to make it by an exemption granted under section 6A of this Act or an exception contained in Schedule 2A to this Act; and

a supply of gas so conveyed has been previously made by a gas supplier,

the gas supplier who previously supplied gas to the premises or, if more than one, the gas supplier who last supplied gas to the premises; or

where that supplier’s licence has been assigned generally, or has been assigned so far as relating to the premises, the person to whom the licence was so assigned; or

where that supplier’s licence has been revoked on his application, or has been so restricted on his application as to exclude the premises, the gas supplier with whom that supplier made arrangements for securing continuity of supply to the premises.

the time when the meter is first read after the relevant time; or

the time when the supplier ceases to supply gas to the consumer, or the owner or occupier ceases to take a supply of gas,

publish, in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it, a notice stating the effect of the scheme F30or revision;

send a copy of the scheme F30or revision to the Director F31, to Citizens Advice and to F32Consumer Scotland; and

if so requested by any other person, send such a copy to that person without charge to him.

any person at premises which have been reconnected in contravention of paragraph 11(1) below takes a supply of gas which has been conveyed to those premises by the F33gas transporter; and

the supply is taken otherwise than in pursuance of a contract made with a gas supplier, or deemed to have been made with such a supplier by virtue of paragraph 8 above or paragraph 19 of Schedule 5 to the Gas Act 1995,

injures or allows to be injured any gas fitting provided by a F34gas transporter or gas supplier, or any service pipe by which any premises are connected to such a transporter’s main;

alters the index to any meter used for measuring the quantity of gas conveyed or supplied by such a transporter or supplier; or

prevents any such meter from duly registering the quantity of gas conveyed or supplied,

paragraph 20, 21 or 22 below;

regulations under section 18(2) or 18A(1) of this Act; or

regulations under section 15 of the M4Health and Safety at Work etc. Act 1974 (health and safety regulations),

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

the transporter or supplier may again disconnect the premises or, as the case may be, cut off the supply.

where the premises are reconnected, the consent of the F35gas transporter to whose main the reconnection is made;

where the supply is restored, the consent of the supplier who cut off the supply, or the consent of a person who is or is about to become a relevant gas supplier.

in a case where gas is supplied to the premises by a relevant gas supplier whose name and address are known to him, to the supplier; and

in any other case, to the transporter,

details of the time and place of the proposed connection or disconnection; and

such other information as may be prescribed.

is disconnected for the purposes of an examination under section 17 of this Act or an inspection under paragraph 3(5) above; or

is disconnected for a particular purpose (whether repair or repositioning of the meter, detection of a gas leak or otherwise) and is intended to be reconnected.

ascertain the name and address of the owner of the meter; and

inform that owner of the disconnection and of the address at which the meter will be available for collection.

any arrangements for the conveyance of gas by a F37gas transporter to a consumer’s premises at a rate reasonably expected to exceed 2,500 therms a year have been made by a gas shipper, or by a person authorised to make the arrangements by an exemption granted under section 6A of this Act; and

those arrangements have ceased to operate and have not been replaced by arrangements made for the like purpose,

the occupier, or the owner of the premises if they are unoccupied; and

any gas supplier who, to the knowledge of the transporter, has contracted to supply gas to the premises.

if the work was made necessary by any intentional act or culpable negligence of the consumer and the transporter so requires, by the consumer;

in any other case, by the transporter.

an engine, gas compressor or other similar apparatus; or

any apparatus liable to produce in any main of the F40gas transporter a pressure less than atmospheric pressure,

any air at high pressure ( “compressed air ”); or

any gaseous substance not conveyed by the F40gas transporter ( “extraneous gas ”),

a consumer’s premises have been disconnected by a F45gas transporter in pursuance of paragraph 2(2)(a), 3(2)(a), 5(4), 10(2), 11(2)(b), 14(1), 17(5) or 18 above; or

a supply of gas to a consumer’s premises has been cut off by a gas supplier in pursuance of paragraph 2(2)(b), 3(2)(b), 7(3) or (4), 10(2) or 11(2)(b) above.

has made good the default, or remedied the matter, in consequence of which the premises were disconnected or the supply was cut off; and

has paid the reasonable expenses of disconnecting and reconnecting the premises or, as the case may be, of cutting off the supply and restoring the supply.

the occupier of the premises at that time in any other case;

inspecting gas fittings;

ascertaining the quantity of gas conveyed to the premises;

exercising the power conferred on the transporter by paragraph 3(5) above;

performing the duty imposed on the transporter by paragraph 15 or 16 above;

exercising the power conferred on the transporter by paragraph 17(6) above; or

in the case of premises where the transporter has reason to believe that a compressor or compressed air or extraneous gas is being used, inspecting the premises and ascertaining whether the provisions of paragraph 17 above are being complied with.

inspecting gas fittings;

ascertaining the quantity of gas supplied or conveyed to the premises; or

exercising a power conferred by paragraph 3(5) or 7(3)(a) (and testing gas fittings, and making any adjustments required for their safe operation, after the exercise of the power).

a F51gas transporter or gas supplier is authorised by any provision of this Act to disconnect any premises, or, as the case may be, to cut off or discontinue the supply of gas to any premises;

a person occupying premises supplied with gas by a gas supplier ceases to require a supply of gas; or

a person entering into occupation of any premises previously supplied with gas by a gas supplier does not take a supply of gas.

disconnecting the premises, or cutting off or discontinuing the supply of gas to the premises; or

removing any meter or other gas fitting owned by the transporter or supplier.

paragraph 20, 21 or 22 above;

regulations under section 18(2) or 18A(1) of this Act; or

regulations under section 15 of the M5Health and Safety at Work etc. Act 1974 (health and safety regulations).

a person occupying premises supplied with gas through a meter or other gas fitting owned by a F53gas transporter or gas supplier ceases to take a supply through that meter or fitting; or

a person entering into occupation of any premises previously supplied with gas through a meter or other gas fitting so owned does not take a supply of gas through that meter or fitting.

placing a new pipe in the place of any existing pipe which has already been lawfully placed; or

repairing or altering any such existing pipe.

the transporter, supplier or shipper has taken all reasonable steps to ensure that he is a fit and proper person to exercise those powers; or

in cases of emergency, those powers are powers conferred by paragraph 22 above.

the officer shall ensure that the premises are left no less secure by reason of the entry; and

the transporter, supplier or shipper shall make good, or pay compensation for, any damage caused by the officer, or by any person accompanying him in entering the premises, in taking any action therein authorised by this Schedule, or in making the premises secure.

shall not be subject to distress or be liable F57to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or to be taken in execution under process of any court or any proceedings in bankruptcy against the person in whose possession it may be; and

shall be deemed not to be a landlord’s fixture, notwithstanding that it may be fixed or fastened to any part of the premises in which it may be situated.

a copy of the application for permission to appeal at the same time as it is sent to the F95CMA ; and

such other information as may be required by appeal rules.

where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;

in any other case, before the end of 14 working days beginning with the first working day after the day on which the application for permission is received.

conditions which limit the matters that are to be considered on the appeal in question;

conditions for the purpose of expediting the determination of the appeal; and

conditions requiring that appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons).

to the appellant; and

to the Authority.

the decision is not to have effect; or

the decision is not to have effect to such extent as may be specified in the direction.

an application for its exercise has been made by the appellant at the same time that the appellant made an application in accordance with paragraph 1(3) for permission to bring an appeal against a decision of the Authority;

F105the Authority has been given an opportunity of making representations or observations, in accordance with paragraph 3(2);

the relevant licence holder, the licence holder or consumers whose interests are materially affected mentioned in section 23B(2) (as the case may be) would incur significant costs if the decision were to have effect before the determination of the appeal; and

the balance of convenience does not otherwise require effect to be given to the decision pending that determination.

where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;

in any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub-paragraph (2)(a) is received.

given by an authorised member of the F110CMA ; and

published, in such manner as F111an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given.

an application for permission to bring an appeal under paragraph 1;

an application for a direction under paragraph 2.

the Authority’s reasons for the decision in relation to which the appeal is being brought;

any grounds on which that appeal is being brought against that decision.

all the members of the group are present when it is made; and

at least two members of the group are in favour of the decision.

any or all matters raised by an appellant that were not raised by that appellant at the time of the relevant application; and

any or all matters raised by the Authority that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 3.

a person to produce to the F121CMA the documents specified or otherwise identified in the notice;

any person who carries on a business to supply to the F121CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business.

at the time and place specified in the notice; and

in a legible form.

may be issued on the F124CMA's behalf by an authorised member of the CMA ;

must include information about the possible consequences of not complying with the notice (as set out in paragraph 10).

by a person considering an application for permission to bring an appeal under paragraph 1;

by a person considering an application for a direction under paragraph 2; or

by a group with the function of determining an appeal;

to attend at a time and place specified in the notice; and

at that time and place, to give evidence to a person or group mentioned in sub-paragraph (1).

the appellant, or the Authority, if present at the hearing to give evidence or to make representations or observations; or

a person attending the hearing as a representative of the appellant or of the Authority to make representations or observations.

F126there is no requirement to give notice to that person under sub-paragraph (2); and

the person or group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or observations.

a person who is considering, or is to consider, an application for a direction under paragraph 2; or

a group with the function of determining an appeal.

to specify the time and place at which it is to be produced; and

to require it to be verified by a statement of truth;

fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8;

in complying with a notice under paragraph 8, makes a statement that is false in any material particular; or

in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,

any witness against or on behalf of the defaulter; and

any statement in that defaulter’s defence,

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

the taking of evidence at an oral hearing; or

the making of representations or observations at such a hearing.

where the appeal is allowed in full, by the Authority;

where the appeal is dismissed in full, by the appellant;

where the appeal is partially allowed, by one or more parties in such proportions as the F135CMA considers appropriate in all the circumstances.